4.6.D.3 Action by the Board of Zoning Adjustments

a.  The Board of Zoning Adjustments shall conduct a public hearing in accordance with Section 3.4 forty-five (45) days from the date the application is docketed. Notice for the public hearing is required in accordance with Section 3.3.

b.  Based upon the evidence presented at the public hearing, the Board of Zoning Adjustments shall evaluate the application against the standards in Paragraph F below.

c.  The Board of Zoning Adjustments may approve, approve with modifications, or deny the application within forty-five (45) days of the close of the public hearing.  The Board of Zoning Adjustments may also vote to defer action within City Charter required timeframes in cases where it discovers applicants have not submitted complete and accurate information, including but not limited to errors or omissions in following the Project NPP.  The failure to resolve a finding of incomplete or inaccurate information may be grounds for denial.

d.  The decision shall be filed in the office of the Board of Zoning Adjustments within ten (10) days of the vote. Within ten (10) days of the effective date of the decision, written notification of such action shall be mailed to the applicant, stating the action taken and including all conditions imposed and times established.

Ord. No. 27,222, §2, Dec. 20, 2016, Zoning Docket 99/16